To help with your writing efforts, here’s what people are looking for in Health Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
Takeaways From DOJ Antitrust Win in Wage-Fixing Case Against Healthcare Executive
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An April 14 jury verdict in a wage-fixing case; significance of the verdict in light of the U.S. Department of Justice’s recent attention to labor market conduct and potential antitrust violations; what else stands out to you about this particular case and the jury verdict; whether the DOJ is targeting the healthcare sector in particular over suspected antitrust-related wrongdoing; practical takeaways for other companies (regardless of industry) as regards their own activities and potential areas of liability.
What Does Congress Have in Mind for Medicare and Medicaid These Days?
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Political wrangling over the future of Medicare and Medicaid. What pathways is Congress eyeing? What funding cuts or other proposed changes are on the table? What are the potential implications for health care providers, insurers, or individuals, and what should interested individuals or entities be watching for as negotiations continue?
Ransomware: A Continuing Headache for Health Care Sector
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The continuing proliferation of ransomware attacks on the health care sector. Among the possible points to explore: how much of a problem this type of cyberthreat has become for the health care industry overall or for specific segments of the industry; established or emerging trends as regards common points of entry or weaknesses that are being exploited by cyberattackers; whether artificial intelligence in particular is contributing to ransomware risks; how the health care industry is, or should be, addressing ransomware threats and the related need for adequate cybersecurity; additional issues involving vendors or other third parties and their obligations and liability risks; any legal, regulatory, or political fallout over ransomware attacks against health care facilities and the industry’s cyber-readiness (or lack of same).
Takeaways From Federal Appeals Court’s Ruling in Failure-to-Accommodate Case
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A recent 2nd Circuit ruling involving a high school teacher with PTSD; key issues in this case regarding reasonable accommodation rights under the Americans with Disabilities Act; how other federal appeals courts have ruled on these issues; the 2nd Circuit ruling’s practical implications for employers when responding to, or anticipating, accommodation requests.
New Mexico Legalizes Access to Psilocybin for Medical Uses
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New Mexico’s legalization of access to psilocybin for medical use; when the law takes effect; examples of types of conditions, treatments, patients, or medical providers that could qualify for this new program; any noteworthy exceptions to, or restrictions on, access to psilocybin under this initiative; how this law will be implemented and enforced; significance of New Mexico’s action, whether from a national or international perspective.
Prescription for Health Care Sector in the Face of Federal Bloodletting
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Trump administration program cuts and contract terminations that predominantly affect the health care sector. Among the possible points to explore: Which of these upheavals strike you as the most significant, and why? How should funding recipients and others be responding to these shocks? What are the contractual, legal, or other options available to them at this juncture, and what may they be able to learn from other parties’ challenges to government cuts affecting numerous other sectors?
Data-Sharing Trends and Risks in the Health Care Sector
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Legal trends involving data sharing by companies in the health care sector. What are patients’ or customers’ rights in this regard, and how can they best know how their information is being used or disseminated? What are companies’ legal obligations or best practices as regards the sharing of individuals’ health data? What lessons can be learned from any noteworthy lawsuits or enforcement actions over the sharing of health data?
Legal Questions Heat Up as Measles Cases See Increase
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Trends involving measles outbreaks (in the country or region of your choice or globally); factors that may be driving a surge in incidents of measles; public health laws pertaining to measles; trends involving the mandating and enforcement of vaccinations; related obligations and potential legal risks for employers, schools, medical providers, or other entities or individuals; vaccination exemptions of note; whether the United States is prepared to deal with a possible epidemic, given the leadership changes, mass layoffs, and other disruptions undertaken by the Trump administration and Elon Musk’s Department of Government Efficiency.
The bankruptcy filing by biotech company 23andMe; what the DNA testing company’s Chapter 11 filing means for customers’ genetic data; what customers should know regarding their privacy rights or protections and regarding 23andMe’s data privacy obligations (and whether, and how, 23andMe customers should delete their data); on a related note, what a successor company should know about potential liability risks involving data collected by 23andMe.
Takeaways From $1.5M HIPAA Penalty Against Warby Parker
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A $1.5 million penalty imposed by the U.S. Department of Health and Human Services against eyewear company Warby Parker over alleged HIPAA violations; what to know about the data breach that led to the HHS penalty against the company; what this case illustrates regarding the reach of HIPAA obligations and the potential for monetary penalties; and perhaps a wider-angle look at cyberattack trends involving protected health information, whether involving “credential stuffing,” as in the Warby Parker case, or more generally speaking.
Merger Between Healthcare Staffing Companies Is Put on Hold
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The status of a merger between two of the largest healthcare staffing firms in the United States; what can trigger a Federal Trade Commission request for more information about a planned merger; how companies can anticipate and plan for this type of FTC action; related information about merger trends in the healthcare sector, and what the healthcare industry can reasonably expect from the FTC under the second Trump administration.
What’s Driving the Health Infrastructure Security and Accountability Act?
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The Health Infrastructure Security and Accountability Act; its intent, background, and status; potential compliance requirements and enforcement mechanisms; prospects for the legislation’s passage.
The first lawsuit to be filed under a Washington state privacy law regarding health data; what’s noteworthy regarding this lawsuit, and what to watch for as the case proceeds; in what way the My Health My Data Act is a groundbreaking measure; whether other states have followed in Washington’s footsteps regarding the protection of health data, or are poised to do so.
An executive order signed by President Trump on Feb. 18 regarding in vitro fertilization. What does the executive order say, and what does it actually stand to accomplish (if anything)? What should IVF providers or their patients know about the executive order? How has access to IVF services trended ever since the U.S. Supreme Court struck down abortion rights, and individual states began banning, or restricting access to, reproductive health care services?
What’s Next for Executive Order on Gender-Affirming Care?
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Noteworthy developments involving gender-affirming care for young people; intent of President Trump’s recent executive order targeting gender-affirming care and insurance coverage for such care; basis for the executive order; impact of federal judges’ response to the executive order; where the executive order stands now; what’s next in the national-level battle over transgender care; what health care providers, insurers, and individuals should be considering at this point.
N.Y. Doctor Indicted by Louisiana Grand Jury Over Abortion Pills
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A Louisiana grand jury’s indictment of a New York doctor for allegedly prescribing abortion pills to a minor; basis for felony criminal charges against the physician and the patient’s mother; this case’s potential implications for physicians, patients, telehealth trends, and access to reproductive health care; what doctors, healthcare facilities, or physicians’ states of residence can do, or may already be doing, to provide them with legal protections amid evolving state restrictions on abortion.
What’s the Prognosis for CFPB’s Medical Debt Rule?
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Wrangling over the Consumer Financial Protection Bureau’s medical debt rule; what the rule says and whom it affects; how the rule progressed under the Biden administration; status of lawsuits over the rule; what the second Trump administration’s appointments and related actions may mean for the medical debt rule’s enforcement and future prospects.
Are Collusion Claims Still an Issue for Insurers and Health Care Providers?
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Trends involving collusion claims against health care and/or insurance providers; types of company activities at issue; consumer lawsuits, regulator actions, or legislative responses of note; any additional, emerging, or accelerating drivers fueling these claims; how the Trump administration is likely to regard this issue.
Takeaways From DOJ’s False Claims Act Report
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The U.S. Department of Justice’s recently released False Claims Act report for fiscal year 2024; types of issues driving settlements and judgments for that period; how the totals and trends in the most recent DOJ report compare to those from previous years; practical implications for the business community regarding DOJ enforcement trends, related liability risks, and how to minimize legal fallout stemming from the False Claims Act.
Is the Trump Administration Jeopardizing Public Health?
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Early actions by the Trump administration that stand to limit or otherwise affect staffing, international coordination, and public information regarding public health matters; precedent or authority for these actions; potential implications for handling of epidemics or future pandemics; additional health-related moves to watch for from the Trump administration in the weeks and months ahead.
Mental Health in the Workplace: What Employers Should Keep in Mind
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Noteworthy trends involving mental health as it pertains to the workplace; related issues involving any of the following: manager training, discrimination risks, disciplinary actions, paid or unpaid leave, employee assistance programs, workplace safety, instructive court cases, legislative measures, or regulatory actions, additional guidance or best practices for employers on mental health and wellness issues in the workplace.
What a New Calif. Law Means for Health Insurers’ Use of Artificial Intelligence
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A new California law that forbids the use of artificial intelligence to deny medically necessary health insurance claims; what to know about the insurance industry’s use of AI; how this state law could change industry practices; likely challenges in enforcing this law; related legal trends involving the determination of a “medically necessary” case and its handling by the health care or insurance sector.
Aetna Sues Pharmaceutical Companies Over Pricing of Generic Drugs
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A lawsuit filed by Aetna against leading pharmaceutical companies over the pricing of generic drugs; alleged wrongdoing on the part of the drugmakers; legal trends involving drug prices – and alleged price-fixing in particular.
How COBRA Notices Can Create Legal Risks for Employers
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Potential liability risks that may arise for employers over COBRA notices; what employers should keep in mind regarding their obligations under the Consolidated Omnibus Budget Reconciliation Act; common COBRA-related misunderstandings, oversights, or other failings on the part of employers; instructive lawsuits or settlements involving deficient COBRA notices; recommended employer practices regarding the handling of insurance matters pertaining to terminated employees.
Health-Related Highlights From 2024
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Your choice of three or more noteworthy trends or developments from 2024 involving the health care sector, health law, or other health-related legal issues; heightened, emerging, surprising, or other interesting developments worth knowing about or keeping an eye on; reasons for your selections; implications and potential impacts as we head into 2025; and any related practical guidance.
Takeaways From Supreme Court Arguments Over Ban on Gender-Affirming Care
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Oral arguments held before the U.S. Supreme Court on Dec. 4 regarding a state ban on gender-affirming care for minors; type of care at issue; how Tennessee’s ban compares to other states’ bans or restrictions on gender-affirming care; your top takeaways from the oral arguments; a high court ruling’s potential implications for states, minors, parents, and medical professionals.
Implications for Insurance, Healthcare Industries of UnitedHealthcare CEO’s Killing
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The killing of UnitedHealthcare CEO Brian Thompson. Among the possible issues to explore: what should companies be addressing in the wake of his killing, especially as regards public perception of industry, reputation management, misinformation or disinformation on social media, executives’ personal safety, companies’ security measures or other obligations or best practices, and their related liability risks? How might the killing of Brian Thompson drive changes in the insurance or healthcare fields? How unusual is the terrorism charge being brought against suspect Luigi Mangione, what are the grounds on which that charge is being brought, and what will be the challenges for prosecutors in pursuing that charge? Also, consider whether to do a comparison between the United States and other countries as regards insurance industry trends (profits, coverage disputes, etc.), the cost of health care, and options and challenges for insureds or individuals seeking health care without adequate access to insurance coverage.
State Sick Leave Rights Expand to Cover Reproductive Loss
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The expansion of states’ sick leave laws to include reproductive loss events; range of events covered; how many states have now passed or implemented (or are considering) such leave rights; how the state laws compare to each other in terms of paid vs. unpaid leave, additional or existing time off, other criteria for qualifying for these leave rights; any additional noteworthy developments or trends on this front.
RFK Jr., Dr. Oz Tapped for Leadership Roles at HHS and CMS
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President-elect Donald Trump’s selections of Robert F. Kennedy Jr. and Dr. Mehmet Oz for key roles at the U.S. Department of Health and Human Services and the Centers for Medicare & Medicaid Services; potential implications for these entities’ direction, priorities, and enforcement; what health care providers, insurers, the drug and medical device industry, and others should know about these unconventional picks.
Compliance Obligations Under HIPAA Reproductive Health Care Privacy Rule
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The HIPAA Privacy Rule to Support Reproductive Health Care Privacy; whom the rule applies to; when the final rule takes effect; key obligations under the rule.